Thanks for your interest and feedback John.
My perspective, which is informed by the writings of Frédéric Bastiat and Lysander Spooner (linked in the article above) among others, is that the we must come to terms with the difference between malum prohibitum, "wrong [as or because] prohibited" and malum en se, "wrong or evil in itself". To the extent that the written laws, or malum prohibitum, are merely codifications of what we all acknowledge to be wrong or evil in itself, there is no need for the laws. That is not to say there is no need for enforcement of these basic rules that enable us to live in society, it is just that, as laws, they are redundant.
The trouble comes with the malum en se laws -- the arbitrary rules that governments make that refer to actions that are not wrong in themselves. Not only do these later rules restrict our legitimate freedoms, they assert "rights" that are not derived from the rights of the governed. They go way beyond the rights that you or I possess as individuals. And using a written instrument like a constitution to justify this usurpation of "rights" is wrong, in my opinion, which is based on the observation of the harms it has lead to.
i think we both agree that if the rulings of the government will bypass the basic rights of every citizen, or take advantage of their power to strangle our rights- then there's no purpose of the constitution if it can't protect the lives of the individuals from those who are in power.
I respect your opinion. As long as there is a balance between the branches of the government- as long as they are independent and functioning, the people shall be defended from these malum en se laws.
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